Lotame’s Richard Gibbs Discusses the Legal Basics of AdTech Agreements

In today’s world of increasingly strict data privacy legislation, the legal basics of AdTech agreements are becoming more and more complex. When paired with complex regulatory and compliance issues surrounding brand management, and the allocation of risk and responsibility when negotiating agreements, these issues raise real concerns that can affect advertising campaigns, their performance, and most importantly an advertiser’s bottom line. 

Lotame’s Senior Legal Counsel, Richard Gibbs, had the honor of speaking at The Future of AdTech Law 2022, where he addressed many of these key issues, as well as how businesses can effectively negotiate agreements while honoring the demands of data privacy and data security. 

In the session, “Negotiating AdTech Agreements: Coming to Terms”, Richard was joined by Romy Horn, General Counsel at Real Chemistry, and Brian Nixon, Partner at Davis Wright Tremaine LLP, to discuss the following: 

• Legal basics of Adtech agreements
• Sample contract provisions, as well as real-world examples and practical solutions
• Best practices to effectively negotiate agreements and explore common issues in AdTech agreements, including limitations of liability, indemnification, risk allocation and privacy considerations

Richard also discussed with the panelists the desire and need to meet with internal colleagues in departments like Product, IT, Tech Engineering, and Data, in order to fully understand the goals of the specific business deal prior to putting the pen to paper. When evaluating contracts per data privacy and data security concerns, panelists gave the following advice: 

Organizations who are not able to immediately provide dataflows when asked to imply that this party is not up “to code” with current privacy laws. This implication questions whether or not the organization has taken the internal steps to comply with privacy laws. On the other hand, organizations that are able to provide dataflows upon immediate request result in a more efficient contract agreement process. 

Considerable time was also spent discussing data license grant language. The group considered the need (and legal requirements) for specificity in licensing of data to ensure that the appropriate rights are granted for current uses, while taking into account anticipated uses of data in the future.

You can learn more about The Future of AdTech Law 2022, as well as watch individual on-demand videos (requires an account), on the event page.